Your right to a shimua
A shimua is a pre-termination hearing required under Israeli labor law. Before an employer makes a final decision to dismiss an employee, they must give the employee a genuine opportunity to be heard. This is not meant to be a courtesy meeting or a formality. Employers are supposed to come with an open mind and to seriously consider what the employee says before making a final decision.
Employees are entitled to bring an advocate to a shimua, such as a lawyer, union representative or another person acting on their behalf. This can be especially helpful when the issues are complex, emotionally charged or legally sensitive. An advocate can help you stay focused, ensure key points are raised and create a clear record of what was said. You do not need the employer’s permission, but it is good practice to notify them in advance so they can prepare accordingly.
Given the legal weight of the shimua, the question of whether to attend or waive it is a strategic one. In some cases, showing up can materially change the outcome. In others, attending may add little value and can even create risk if you are unprepared or say things that later undermine your position.
When to waive the shimua
There are situations where waiving your right to a shimua makes sense. This usually happens when the outcome is already clear and the goal is not to save the job but to move on quickly and cleanly.
If you have already decided you do not want to continue in the role under any circumstances, attending the hearing may not serve a real purpose. This can be true when trust is completely broken, when the workplace has become untenable, or when you already have another position lined up and want to avoid prolonging the process.
Waiving may also be a good idea if the employer is offering a clear and generous separation package that is not contingent on attending the shimua, and you are confident there is no downside to skipping it. In those cases, dragging out the process can delay payments or create unnecessary tension.
In layoffs driven by budget cuts, restructuring or a merger, you might choose to waive the shimua because the decision is not based on individual performance and the role itself is being eliminated. If the severance terms are clear and unconditional, attending the hearing is unlikely to change the outcome. Even so, waiving should be a deliberate choice, since the shimua can still be used to clarify timing, benefits or exit terms.
When to attend the shimua
In many cases, attending the shimua is strongly advisable. If there is any chance that the decision could be changed, softened or reshaped, the hearing is your opportunity to influence that outcome.
You should almost always attend if the termination is based on alleged misconduct, poor performance or disciplinary issues. These claims can affect your reputation, your ability to find future work and sometimes your severance entitlements. Silence can be interpreted as agreement.
It is also important to attend if there were procedural problems leading up to the decision, such as lack of warnings, unclear expectations or inconsistent treatment compared to other employees. If you feel you were treated unfairly and want to seek legal restitution, courts place significant weight on whether you raised these issues at the shimua stage.
For senior employees, long term employees, or employees with protected characteristics, attendance is especially important. You have more to lose and generally have stronger claims if a termination is challenged, but only if concerns are raised at the right time.
What you can accomplish at the shimua
A well handled shimua can achieve more than many employees realize. It is not only about saying you disagree. You can clarify facts and correct misunderstandings that may have driven the decision. Managers often rely on partial information, second hand reports or assumptions that you can challenge calmly and professionally.
You can propose alternatives to termination, such as a different role, reduced scope, performance improvement plan or agreed timeline for transition. Even if the employer ultimately decides to terminate, these discussions can influence severance terms and references.
You can also protect your legal position. By clearly stating your objections, asking questions and requesting documentation, you create a record that the process was contested. This can be crucial if there is a later dispute about the fairness of the termination.
Practical guidance by situation
| Situation | Is attending the shimua important? | Why |
| Clear misconduct allegations | Very important | Silence may be treated as acceptance of the claims |
| Performance based termination with no prior warnings | Very important | You can challenge the process and lack of notice |
| You want to keep the job | Essential | This is your only formal chance to influence the decision |
| You want a better severance package | Often important | Employers may adjust terms after hearing your position |
| Mutual loss of interest, no dispute | Less important | Outcome is unlikely to change |
| Employer offers strong exit terms regardless | Possibly less important | If terms are clear and unconditional, there’s nothing to accomplish |
| A short-term position with few long term consequences | Case dependent | Balance effort against potential benefit |
A shimua is a legal right and a strategic tool. Waiving it should be the exception, not the default. In most contested or unclear situations, attending gives you leverage, protects your record and preserves options even if the outcome does not change.
If you are unsure, it is usually safer to attend, prepare carefully and keep the conversation factual and professional. The few hours invested can have long term consequences for your career and your legal position.
This article is based on Kol Zchut’s overview of shimua rights (Hebrew), Mor & Co.’s explanation of the pre-termination hearing obligation and IUS Laboris and Eli Lichtenstein‘s articles on termination under Israeli law. The consequences of waiving your right to a shimua are outlined by Moshe Vakart & Co in Hebrew.
